By now, many Hyannis home and business owners know that the Hyannis fire chief and his workforce and commissioners all want their new shiny $20 million-plus fire station. The real truth is that this is an override, which requires a vote of the voters by ballot. Massachusetts General Law Chapter 59, section C, states, “The total taxes assessed within any city or town under the provisions of this chapter shall not exceed two and one half percent of the full and fair cash valuation in said city or town in any fiscal year.”

I took their own (Hyannis Fire Department) tax recapitulation figures right from the Massachusetts Department of Revenue, which proves that they broke the law. In fiscal year 2013, their tax levy was $7,211,891.36 and in 2014 it went up to $7,947,989.46. This is a 10 percent increase, and when we add the cost of the new fire station, that amounts to another 17 percent increase for an astonishing 27 percent increase!

The Chapter 59 also states that any increase over the 2 1/12 percent levy requires a ballot question to be brought before the voters and even has specific language structured for the proposal. In this case, the fire commissioners and their attorney have deviously crafted the vote to take place with a vote or show of hands, unless a voter requests a ballot vote, which would have to be seconded and then a two-thirds vote would need to happen for the paper ballot. In essence, they want a scarlet letter vote unless someone requests otherwise. Have you ever heard of something so insane? Not to mention unconstitutional!

Think about this. This amounts to an override, period. If the towns of Orleans or Dennis wanted to build a new $15 million or $20 million school, an override would be required, correct? If this were to happen, they would have to approach their voters and ask for an override in accordance with Chapter 59, section 21c, but not so in Hyannis, where the fire commissioners create their own laws! They continue to think they are exempt from the law. Do these fire commissioners have the right to deny voters from absentee ballots for this vote? They not only think so but, in fact, they have no intention of allowing this. Do they have any mechanisms for the disabled to come and cast their votes? It appears not, especially when they intend to hold this law-breaking vote at their own desired time. This is not how the Chapter 59 law is set up.

Go and read MA General Law Chapter 40, section 1a. That law states, “except as otherwise provided, the word ‘district’ as used in this chapter shall mean a fire, water, sewer, water pollution abatement, refuse disposal, light or business improvement district, or any other district, howsoever named, formed for the purpose of carrying out any of the aforementioned functions, whether established under law of special act.”

I am curious. Does anyone in this town know if there is something that is “otherwise provided” because I have not found this. The word has been that the fire districts in town claim that they are not a city or town as written in the law, which is why they claim an exemption but the aforementioned deems not. Their claim of a “district” being exempt is far- reaching and far-fetched. Not even close.

The bottom line is that this is an override and it is my opinion that the Hyannis Fire District/Department is not exempt. This new fire station vote should fall under MGL CH 59, section 21c, and should require a vote of the voters according to the terms of this law period. It is very disturbing and painfully obvious and obscene that these fire commissioners think that they can craft something so illegal and unconstitutional and it will be even sadder if the only avenue left to the voters of Hyannis is a lawsuit in the courts. Unfortunately, this may have to happen despite most people not wanting to do this. We should not HAVE to!